ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 July 8, 2024 MICHAEL J. WHELLAN (512) 435-2300 MWHELLAN@ABAUSTIN.COM Via email Joi Harden, Chief Zoning Officer City of Austin Planning Department 1000 E. 11th St. Austin, TX 78702 Dear Ms. Harden, Re: Rezoning applications for 3117-3121 E. 12th Street, also known as TCAD Parcels 0209150223, 0209150224, and 0209150207 (the “Property”) Based on City feedback related to the application of the Density Bonus 90 (“DB90”) combining district, the applicant is amending the above-referenced rezoning application to remove the height limitation within the conditional overlay. It is our understanding that the conditional overlays affecting permitted uses and impervious cover may remain. I appreciate your consideration and look forward to answering any questions. Respectfully, Michael J. Whellan {Cover Letter.2}
ZONING CHANGE REVIEW SHEET DISTRICT: 3 CASE: C14-2023-0135 – 1500 & 1600 Royal Crest ZONING FROM: East Riverside Corridor (ERC-Urban Residential Subdistrict) ZONING TO: East Riverside Corridor (ERC-Corridor Mixed Use Subdistrict), and to amend Figure 1-8 (East Riverside Corridor Development Bonus Height Map), to increase the maximum building height up to 160 feet through participation in a density bonus program ADDRESS: 1500 and 1600 Royal Crest Drive SITE AREA: 10.06 acres OWNER / APPLICANT: 1500 Royal Crest LP (Anthony Clarke) AGENT: Drenner Group, PC (Amanda Swor) CASE MANAGER: Nancy Estrada (512-974-7617, nancy.estrada@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant East Riverside Corridor – Corridor Mixed Use Subdistrict (ERC-CMU) district zoning, and to amend Figure 1-8 (East Riverside Corridor Development Bonus Height Map), to increase the maximum building height up to 160 feet through participation in a density bonus program. For a summary of the basis of Staff’s recommendation, please see case manager comments on pages 2 - 3. PLANNING COMMISSION ACTION / RECOMMENDATION: July 9, 2024: June 11, 2024: APPROVED A POSTPONEMENT REQUEST BY THE NEIGHBORHOOD TO JULY 9, 2024 [A. AZHAR; A. WOODS – 2nd] (10-0) J. Mushtaler, – OFF THE DIAS; N. BARRERA-RAMIREZ, G. COX – ABSENT CITY COUNCIL ACTION: ORDINANCE NUMBER: ISSUES: The developer will comply with the Tenant Notification and Relocation Assistance requirements in the City of Austin Land Development Code. [LDC 25-1-712]. C14-2023-0135 Page 2 The applicant held a meeting with the current tenants on May 13, 2024 and provided the following information as proposed Tenant Protection items: • No termination of leases without good cause. • Rental rate + mandatory fees increase by no more than 7.5% per year for a period of 5 years. • 365-day notice of redevelopment provided to tenants. • 180-day notice of demolition. • 90-day move-out notice. • On-site services to help tenants find new housing or other qualified programs. • Ability for tenant to break lease without repercussion once 180-day notice of demolition is • Moving allowance of $3,000 flat payment. • Last three (3) months of rent waived for tenants still in units. • Full refund of security & pet deposits once demo permit is filed. • No unit entry without 48-hour advance notice. • No prevention of activities associated with tenant’s organization. • Right to return - first chance at new units; both affordable (if qualifications are met) and filed. market rate. The items listed …
Sue Gall 1109 East 10th Street Austin, TX 78702 June 17, 2024 Planning Department Director Lauren Middleton-Pratt City of Austin Planning Department P.O. Box 1088 Austin, TX 78767 SENT VIA MAIL SENT VIA EMAIL TO: preservation@austintexas.gov CC: kalan.contreras@austintexas.gov, lauren.middleton-pratt@austintexas.gov RE Appeal of Case Number HR 24-047998 – 1107 E 10TH ST Dear Ms. Middleton-Pratt, This letter is my request to appeal the Certificate of Appropriateness in case HR 24- 047998, approved by the Historic Landmark Commission on June 5, 2024. Below are the requirements specified by Land Development Code Article 7, viewable at https://library.municode.com/tx/austin/codes/land_development_code?nodeId=TIT25 LADE_CH25-1GEREPR_ART7APVASPEXAD_DIV1AP_S25-1-183INRENOAP (1) the name, address, and telephone number of the appellant: (2) the name of the applicant, if the appellant is not the applicant: Sue Gall 1109 E 10th St Austin, TX 78702 512-897-6534 Matthew Jordan (3) the decision being appealed: (4) the date of the decision: June 5, 2024 (5) a description of the appellant's status as an interested party: 1 Certificate of Appropriateness in case HR 24-047998 – 1107 E 10TH ST • • • • I delivered a written statement (attached) to the Historic Landmark Commission before its June 5, 2024 public hearing, and I appeared and spoke for the record at the June 5, 2024 public hearing, and I occupy the primary residence at 1109 E 10TH ST, directly next to and within 500 feet of the subject property, and I am the record owner of 1109 E 10TH ST, directly next to and within 500 feet of the subject property (6) the reasons the appellant believes the decision does not comply with the requirements of this title: • The decision does not comply with the requirements of Land Development Code section 25-11-243(D), viewable at https://library.municode.com/tx/austin/codes/land_development_code?nodeId= TIT25LADE_CH25- 11BUDEREPESPREHIST_ART4SPREHIST_DIV2APCE_S25-11-243ACCEAP . • Section 25-11-243(D) states: (D) For properties subject to Section 25-11-212 (Certificate Required), the historic preservation officer and the commission shall consider the United States Secretary of the Interior's Standards for Rehabilitation, 36 Code of Federal Regulations Section 67.7(b), and: (1) except as provided in Subsection (D)(2), the historic design standards and the supplemental standards, if any; or (2) for a property located within an area designated as historic area (HD) combining district prior to the effective date of this ordinance, the design standards applicable to that district. (emphasis added) • The Historic Landmark Commission’s decision did not properly apply the design standards of our historic district. The Robertson/Stuart & Mair Historic District …
HISTORIC LANDMARK COMMISSION APPROVAL OF A CERTIFICATE OF APPROPRIATENESS APPEAL TO PLANNING COMMISSION: CASE NUMBER: HR-2024-047998 HISTORIC LANDMARK COMMISSION: June 5, 2024 PLANNING COMMISSION: July 9, 2024 DISTRICT: 1 ADDRESS: 1107 East 10th Street, Robertson/Stuart & Mair Historic District ZONING: SF-3-HD-NP APPELLANTS: Sue Gall; Mark and Tristana Rogers PROPERTY OWNER/APPLICANT: Matthew Jordan PROJECT BACKGROUND: The subject property is within the Robertson/Stuart & Mair Historic District. The primary building is a contributing one- story house. The applicant proposes to update a design for an accessory dwelling unit behind the main house to allow the maximum number of units permitted by the HOME amendment, which was codified after the ADU project's first iteration received approval from the Historic Landmark Commission in 2023. The amended design includes more interior space than the previously approved design, as well as fenestration and roofline changes. No changes were made to the proposed accessory dwelling unit’s previously approved roof height or location. The proposed new building is three stories in height and is oriented with the entrance and garage toward the rear alleyway. It is clad in horizontal fiber cement siding and has a compound gabled and shed roofline. Fenestration includes fixed undivided windows, divided casement windows, and divided sash windows arranged in an irregular pattern. APPEAL REQUEST: The appellants, Sue Gall and Mark and Tristana Rogers, have filed an appeal of the HLC’s June 5, 2024 approval of a certificate of appropriateness to construct the accessory dwelling unit and request denial of this project. Ms. Gall submitted a written objection prior to the hearing, and also spoke at the hearing; the Rogers family submitted a written objection prior to the hearing. Thus, both appellants appear to have standing to appeal under the Code. The appeals process for certificates of appropriateness is described in Land Development Code §25-11-247: the HLC’s decision may be appealed to the Land Use Commission, and the Land Use Commission’s decision may in turn be appealed to the City Council. The appellants state that the HLC did not properly apply the design standards of the Robertson/Stuart & Mair Historic District, in violation of Land Development Code §25-11-243: § 25-11-243 - ACTION ON A CERTIFICATE OF APPROPRIATENESS. A) This section applies to an application under Section 25-11-212 (Certificate Required). B) If the commission determines that the proposed work will not adversely affect a significant architectural or historical feature of the designated historic landmark or …
1107 E 10th Street ADU Design Review Architecture Review Committee Meeting Wednesday May 15, 2024 East 10th Steet 45-foot electrical pole 35-foot electrical pole 45-foot electrical pole 35.5-foot electrical pole 45-foot electrical pole 35-foot structure 35-foot electrical pole 10th Street Streetview ADUs - Robertson Stuart District 1004 E 9th Street 1105 E 9th Street 1104 E 8th Street 1105 E 9th Street 1104 E 8th Street Robertson Stuart District – Recent Construction East North
From: To: Cc: Subject: Date: Attachments: Sue Gall Contreras, Kalan Corona, Nicole; Rivera, Andrew Case Number HR-2024-047998; PR 2024-043549 - Comments for Planning Commission public hearing July 9, 2024 Wednesday, July 3, 2024 3:52:01 PM HR-2024-047998 Gall Appeal Comments.pdf External Email - Exercise Caution Attached are my comments objecting to the proposed ADU in case HR-2024-047998, which is scheduled to be discussed at the July 9 Planning Commission public hearing. I'm also pasting them below for convenience. Will you please sign me up to speak at the July 9 public hearing? Thank you all for your time and help. Kalan, Nicole and Andrew, Sue Gall 1109 East 10th Street ------------------- Sue Gall 1109 E 10th Street Austin, TX 78702 July 3, 2024 City of Austin Planning Department ATTN: Kalan Contreras P.O. Box 1088 Austin, TX 78767 SENT VIA EMAIL TO: kalan.contreras@austintexas.gov CC: Nicole.corona@austintexas.gov; Andrew.rivera@austintexas.gov RE Case Number HR-2024-047998; PR 2024-043549 – 1107 E 10TH ST Dear Ms. Contreras, Planning Commission Public Hearing: July 9, 2024 Case Number: HR-2024-047998; PR 2024-043549 – 1107 E 10TH ST Contact: Kalan Contreras, 512-974-2727 I strongly object to this proposed Accessory Dwelling Unit (ADU), which is scheduled to be discussed at the next Planning Commission meeting: This property is within the Robertson/Stuart & Mair Historic District, one of eight local historic districts recognized by the city. Historic district designation involves adding an HD to the base zoning and requires the support of a majority of property owners or land area owners, as well as high architectural integrity. The city’s own website states that historic districts “offer the strongest protection and greatest benefit for Austin’s older neighborhoods”. (1) Our neighborhood spent years and tens of thousands of dollars to achieve Historic District designation in 2019. A majority of both property owners and land area owners in the neighborhood supported it. The Planning Commission at the time unanimously recommended it for approval to City Council. The HD zoning overlay allows the Historic Landmark Commission to approve a Certificate of Appropriateness for only those proposals which comply with the District Design Standards contained in the District Preservation Plan.(2) At the June 5, 2024 Historic Landmark Commission hearing, it was clear that neither the applicant nor the Commission correctly applied our District Design Standards. The Robertson/Stuart & Mair District Design Standards, viewable on the city’s website,(3) are clear that new construction must be “compatible with the design patterns of …
HISTORIC LANDMARK COMMISSION APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS JUNE 5, 2024 HR-2024-047998 ROBERTSON/STUART & MAIR HISTORIC DISTRICT 1107 EAST 10TH STREET X – 1 PROPOSAL Construct an accessory dwelling unit. PROJECT SPECIFICATIONS The proposed ADU is three stories in height. It has compound gabled and shed roofs, and is oriented with the entrance and garage toward the rear alleyway. It is clad in horizontal fiber cement siding and has a metal roof, fixed undivided windows, and divided casement/sash windows arranged in an irregular pattern. DESIGN STANDARDS The Robertson/Stuart & Mair Design Standards are used to evaluate projects within the historic district. The following standards apply to the proposed project: 1.4. New Construction New construction shall have the same street-front orientation and distance from adjacent buildings as the contributing buildings in the same block. The proposed ADU is oriented toward the alley and does not affect the primary street. Design new buildings so that they are compatible with and differentiated from historic buildings in the district. The proposed ADU appears appropriately differentiated. Design adjustments have been made to enhance compatibility. New construction should have floor-to-floor heights and roof heights that are the same or similar to those on contributing buildings throughout the district. The proposed ADU’s floor-to-floor heights appear consistent with the main house. The roof height is taller; however, the site topography appears to reduce its visibility from the street. Select materials for new construction that are the same as or similar to those found on contributing buildings existing in the district. The applicant has amended the design to enhance material compatibility. Summary The project meets most of the applicable standards. The applicant has amended the design in response to Committee feedback. PROPERTY EVALUATION The property contributes to the Robertson/Stuart & Mair Historic District. COMMITTEE FEEDBACK Simplify rooflines at secondary elevation if possible. STAFF RECOMMENDATION Concur with Committee feedback. Approve the application. LOCATION MAP X – 2
1107 E 10th Street Design Review Planning Commission Meeting Tuesday July 9, 2024 East 10th Steet 45-foot electrical pole 35-foot electrical pole 45-foot electrical pole 35.5-foot electrical pole 45-foot electrical pole 35-foot structure 35-foot electrical pole 10th Street Streetview ADUs - Robertson Stuart District 1004 E 9th Street 1105 E 9th Street 1104 E 8th Street 1105 E 9th Street 1104 E 8th Street Robertson Stuart District – Recent Construction East North 3 Story Properties within Robertson Stuart 13 Properties Total = 3 Story Properties 45 Foot Electrical Pole Contributing Structure Located adjacent to subject property 35’ 1004 E 9th St, Unit A 3 Stories Built 2016 1004 E 9th St, Unit B 3 Stories 1004 E 9th St, Unit A 1004 E 9th St, Unit B 1013 E 9th St Contributing Structure 30’ 1110 E 8th St 3 Stories Built 2016 1110 E 8th St 3 Stories 39’ 800, 802, 804, 806, 808 E Lydia St 3 Stories Built 2018 800, 802, 804, 806, 808 Lydia St 3 Stories Built 2018 705 Lydia St 3 Stories Built 2017 1105 E 9th St 3 Stories Built 2018 1104 E 8th St 3 Stories Built 2014
From: To: Cc: Subject: Date: e Contreras, Kalan; Corona, Nicole; Rivera, Andrew "Mark Rogers"; "Bri Miriani"; "Mark Biechler"; "Jerry Garcia"; Emily Little; "David West"; 1107 E. 10th Street - AGAINST Thursday, July 4, 2024 9:40:43 AM External Email - Exercise Caution Greetings Kalan – I strongly oppose the proposed development at 1107 East 10th Street in the Robertson, Stuart & Mair Historic District. Planning Commission Public Hearing: July 9, 2024 Case Number: HR-2024-047998; PR 2024-043549 – 1107 E 10TH ST This proposed development flies in the face of Local Historic District Design Guidelines and if approved, will set such a precedent that the “Local Historic District” concept will rapidly lose its integrity. This will open the door for similar inappropriate projects. Precedent must not be set at this important time, right after the HOME Code Amendments have just been adopted. This case will determine how HOME relates to Historic Districts in the future. It is a test case for our neighborhood and there will be many more to follow in every other historic district. Please protect the founding principles and Historic District Design Guidelines first, followed by new allowances for increased density allowed in HOME. We are in favor of increased density, but not at the expense of our protected “Local Historic District.” Developers and designers must increase density in forms that are historically compatible to the context. We must rely on the Historic Landmark Commission and the Historic Preservation Office to uphold the governing Local Historic Guidelines. HOME does not, and must not, supersede Historic Guidelines. The proposed project at 1107 East 10th does not comply in terms of scale, massing, height and is no way compatible with the design patterns of the Robinson, Stuart & Mair Historic District. Please register my strong opposition and sign me up to speak at the July 9 hearing. Thank you very much, --- together in the love of history, Emily Emily Little ARCHITECT FAIA 1001 East 8th St. Austin TX 78702 512-470-8058 CAUTION: This is an EXTERNAL email. Please use caution when clicking links or opening attachments. If you believe this to be a malicious or phishing email, please report it using the "Report Message" button in Outlook. For any additional questions or concerns, contact CSIRT at "cybersecurity@austintexas.gov". From: To: Subject: Date: Dominic Welhouse Contreras, Kalan 1107 East 10th Street Saturday, July 6, 2024 2:31:51 PM You don't often get email from …
Density Bonus 90 (DB90) Azhar Amendment Amendment: Make the following edit in § 25-2-652 Density Bonus 90 (DB90) Combining District Regulations (H) in the DB90 ordinance “(H) To preserve reserved dwelling units, an applicant must comply with Division 1 (General Provisions), Article 2 (Density Bonus and Incentive Programs) of Chapter 4-18 and, when applicable, Section 4-18-32 (Existing Multi-Family Structures) subsection (A)(2) to (A)(5) before applying for a building permit or site plan that relies on the regulations described in Subsections (F) and (G).” and ensure that this requirement applies to applications submitted after a certain date. Applicable sections as background information only (language not included in amendment): Applicable Adopted Chapter 4-18 Language - Adopted ordinance, adopted amendments to ordinance “§ 4-18-32 EXISTING MULTI-FAMILY STRUCTURE. (A) For redevelopment with an existing multi-family structure, an applicant must: (2) provide current tenants with: (a) notice and information about the proposed development on a form approved by the Housing director; (b) relocation benefits that: (i) equal four months of rent and fees; and (ii) a fixed payment for moving expense that is consistent with Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et seq.; and (3) grant current tenants the option to lease for a minimum of 12 months a unit of comparable number of bedrooms, and size following completion of redevelopment; and (4) allow a current tenant to terminate a lease without a penalty; and (5) return security deposits to current tenants.”
Affordability Impact Statement DB90 Revision Initiated by: Resolution No. 20240201-026 Case number: C20-2024-011 Date: 6/24/2024 Proposed Regulation The proposed amendment would do the following: - Amends the commercial ground floor requirement to match VMU standards, requiring 75% of the ground-floor along the principal street to be dedicated to commercial uses, rather than 75% of the entire building's ground floor. - Expands the permitted commercial uses from VMU for office base zoning to DB-90, allowing Consumer Convenience Services, Food Sales, General Retail Sales (convenience or general), and Restaurants (limited or general) without drive-in service. This amendment enables office districts to include a broader range of commercial uses. - Aligns screening requirements with amendments to citywide compatibility policy made by Council upon adoption of Ordinance 20240516-002 on May 16, 2024. - Clarifies that §25-2-652(B), which overrides conflicting provisions unless they are less restrictive, refers to site development regulations only. Land Use/Zoning Impacts on Housing Costs The proposed changes would have a neutral impact on housing costs via land use and zoning. The proposed changes clarify regulations to align DB90 with existing citywide standards and density bonus programs. Impact on Development Cost The proposed changes would have a neutral impact on development costs. The proposed changes clarify regulations to align DB90 with existing citywide standards and density bonus programs. Impact on Affordable Housing The proposed changes would have a positive impact on affordable housing. Requiring ground floor commercial uses only along the principal street, rather than the entire building’s ground floor, matches VMU standards. This change is intended to increase participation in the DB90 density bonus program, as it can be difficult to lease up ground floor commercial, especially when the commercial use is not facing onto the principal street. Increased participation in this program will eventually lead to a rise in the number of affordable housing units citywide. City Policies Implemented Other Housing Policy Considerations None. Manager’s Signature __________ ____________________
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE SECTION 25-2-652 RELATED TO REGULATIONS THAT APPLY TO DENSITY BONUS 90 (DB90) COMBINING DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Section 25-2-652 (Density Bonus 90 (DB90) Combining District) is amended to amend Subsections (B), (C), (F), and (G) and to delete Subsection (H) to read: (B) This section governs over a conflicting provision of this title or other ordinance [unless the conflicting provision is less restrictive]. (C) Pre-Requisites. (1) To utilize the regulations described in Subsections (F) and (G), the site’s zoning must include DB90 and an applicant must comply with Subsection (E). (2) To preserve reserved dwelling units, an applicant must comply with Division 1 (General Provisions), Article 2 (Density Bonus and Incentive Programs) of Chapter 4-18 before applying for a building permit or site plan that relies on the regulations described in Subsections (F) and (G). (F) Development Standards and Mixed Use. (1) In a DB90 combining district, the following uses are permitted: (a) (b) (c) uses that are permitted in the base zoning district unless the use is restricted by a conditional overlay that applies to the property; [and] residential uses; and in general office (GO) and limited office (LO) base zoning districts, the following additional uses are allowed: (i) consumer convenience services; (ii) food sales; (iii) general retail sales (convenience or general); and (iv) restaurant (limited or general) without drive-in service. (2) A development must comply with Article 2 (Site Development Standards) and Article 3 (Building Design Standards) in Subchapter E (Design 7/3/2024 12:06 PM Amendments to DB90 Combining District Page 1 of 5 COA Law Department 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Standards and Mixed Use) of this chapter except when those provisions conflict with this section. (3) Mix of Uses. (a) (b) In this subdivision, PRINCIPAL STREET has the same meaning as principal street in and is applied consistent with Article 5 (Definitions) of Subchapter E (Design Standards and Mixed Use). Pedestrian-Oriented Commercial and Civic Spaces. At least [When a site abuts a …
C20-2024-011: DB90 Revisions Paul Ray Books, Senior Planner Background 2023 2024 2022 City Council adopted Ordinance No. 20220609-080, creating a second tier of the VMU program, referred to as VMU2, which allowed for increased height in exchange for increased community benefits. City Council adopted Ordinance No. 20221201-055, creating an incentive program that allows residential uses in commercial zoning districts, referred to as Residential in Commercial, which allowed for the construction of residential uses in exchange for increased community benefits. Ordinance No. 20220609-080, Ordinance No. 20221201-055, and Ordinance No. 20221201-056 were invalidated. City Council adopted Ordinance No. 20240229-073, which created the Density Bonus 90 (DB-90) combining district and density bonus program with requirements and incentives mirroring VMU 2 provisions. 2 DB90 Requirements and Incentives Affordability – Rental: – 10% of units set-aside affordable to 50% Median Family Income (MFI); OR – 12% of units set-aside affordable to 60% MFI – Ownership: – 12% of units set-aside affordable to 80% MFI • Requirements for ownership units may be satisfied by a fee-in-lieu of on-site units setback Site Development Standards – Exemptions from standards include the following: – Minimum site area requirements – Maximum floor area ratio – Maximum building coverage – Minimum street side yard setback and interior yard – Minimum front yard setback – Article 10 Compatibility Standards Subchapter C Height – 30 ft in additional height from the base zone up to a maximum of 90 ft Mix of Uses – Requirements for pedestrian-oriented commercial uses – Floors beyond the second must be residential Subchapter E Design Standards – Streetscape, building placement, and design standards 3 DB90 Combining District Example Zoning String: CS-MU-CO-DB90-NP Eligible Districts: Base Zoning Districts Base Zones Description CS (CS-1) Commercial Services Base Max Height 60ft Max Height with Bonus 90ft Impervious Cover 95% GR LO LR GO Community Commercial Limited Office Neighborhood Commercial General Office 60ft 40ft 40ft 60ft 90ft 70ft 70ft 90ft 90% 70% 80% 80% 4 DB90 Process Owners of eligible properties must request a rezoning to add DB90 Requires a Commission recommendation and Council action – – Notice of the rezoning will be provided pursuant to 25-1-132, which includes utility account holders and property owners located within 500 feet of the subject property Property owners within 200 feet can protest the rezoning – Housing Certification – – Prior to site plan submittal, an applicant is required …
ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2024-011 Density Bonus 90 Revisions Amend City Code Title 25 (Land Development) to revise uses, site development regulations, density bonus requirements, and compatibility standards applicable in density bonus 90 (DB90) combining district. Description: Background: In 2021, amendments to the City’s Vertical Mixed Use (VMU) Overlay, including the creation of a second-tier bonus program known as VMU2, were initiated through City Council Resolution No. 20211118-052. The resolution directed staff to process code amendments to allow for an additional 30’ in height beyond the base zone standards for developments participating in the new tier of the density bonus program and proposed affordability requirements for such developments. In June of 2022, City Council adopted Ordinance No. 20220609-080, implementing the code amendments initiated through the 2021 Council resolution. However, in December 2023, Ordinance No. 20220609-080, Ordinance No. 20221201-056, and Ordinance No. 20221201-055 were invalidated. In February 2024, City Council adopted Ordinance No. 20240229-073, which created the Density Bonus 90 (DB90) combining district. This new district is similar to the provisions in VMU2 and is available citywide through the rezoning process. Summary of Proposed Code Amendment: The proposed amendment to §25-2-652 would do the following: - Amend the commercial ground floor requirement to match VMU standards, requiring 75% of the ground floor frontage along the principal street to be designed for commercial use with an additional clarification regarding civic uses - Add the allowed commercial uses from VMU to office base zoning districts - Align compatibility screening requirements with amendments to citywide policy made by Council through Ordinance 20240516-004 - Clarify that provisions of the DB90 program govern over a conflicting provision of the Land Development Code or other ordinance Proposed Text Amendment(s): See draft ordinance. Staff Recommendation: Recommended Staff supports the proposed amendments, which aim to increase participation in the density bonus program and align its regulations with citywide standards. The modification to commercial ground floor requirements will ensure that developments under the DB90 program resemble existing VMU developments, enabling staff to review these applications consistently, and facilitating a streamlined approval process. Further, an analysis of recent VMU developments revealed that the program's requirements result in only 8% to 15% of the ground floor square footage being allocated to commercial use, which is significantly below the 75% required under DB90. Allowing for additional commercial uses within office base zoning districts will enable true mixed-use developments that provide a variety …
Affordability Impact Statement Live Music Venue and Creative Space Bonus Phase 2 Case number: C20-2023-026 Initiated by: Resolution No.(s) 20220728-094 and 20220901-089 Date: 6/27/2024 Proposed Regulation The proposed amendment would create a new combining district for an affordable creative space bonus program available upon request through a zoning application. It would include the following components: - Requires the designation to be applied to more than one parcel to meet the definition of a creative district. - Requires 30% of building frontage and 25% of ground floor to be for affordable creative spaces. - Requires protections for existing creative spaces, including replacement, notice, rent assistance, and leasing - Requires residential and hotel developments near music and performance venues to conduct a sound - Requires leases to be affordable for 10 years, with rent at 50% of average city retail space rent or a sustainable options. assessment and disclose to future residents. ratio and limited annual increases. - Allows for an extra 30 feet in height and exemptions from site development standards for developments providing affordable creative spaces or a fee in lieu of the affordable space. - Provides for exemptions from certain compatibility standards, replaced with a compatibility buffer and screening requirements. Land Use/Zoning Impacts on Housing Costs The proposed changes would have a neutral impact on land use/zoning related housing costs. This would establish an optional density bonus program available upon request that would require review by city staff, the planning commission, and City Council. As part of the staff review, the Housing Department will evaluate the request in accordance with the goals of the Austin Strategic Housing Blueprint and assess any negative impact to existing affordable housing. Impact on Development Cost The proposed changes would have a neutral impact on development costs. Each proposal will be evaluated individually, with the Housing Department ensuring that the creative district designation does not negatively affect existing and future multi-family developments. Sound Assessment requirements may add costs for multi-family developments within 600 feet of the creative district. Impact on Affordable Housing The proposed changes would have a neutral impact on affordable housing. This creative district density bonus program could compete with other density bonus programs specifically designed for affordable housing, like DB-90. However, the case-by-case evaluation may deem it appropriate in historically commercial districts where housing is less suitable. The Housing Department will review each case and provide recommendations to the Planning Commission …
